A High Court judge today ruled that Ian Bailey and four of his lawyers are entitled to inspect recordings of conversations between gardai and various people, including journalists.

Mr Bailey sought inspection of around 130 recordings and their transcripts.

The move is part of his action against the State for damages over the conduct of the investigation into the 1996 murder in West Cork of French film-maker Sophie Toscan du Plantier.

Mr Justice John Hedigan made the order after noting concerns by four gardai that release of the recordings be limited to named lawyers.

John Keating, for retired Det Sgt Liam Hogan, objected to Mr Bailey himself inspecting the recordings but the judge said Mr Bailey was entitled to see transcripts of them.

Mr Hogan said in an affidavit he had been sent from Dublin, where he was attached to the Serious Crimes and Murder Squad to assist in the Du Plantier investigation.

Sophie Toscan du Plantier (Photo: REUTERS/Handout)

He was based at Bandon Garda station in Cork from early 1997 into 1998 and said it came as a “complete shock” to him calls made by him in Bandon were recorded.

He added he had never consented to such recordings.

Mr Keating, and Michael Binchy for retired Det Gda Jim Fitzgerald, retired Gda Billy Byrne and Gda Mick Coughlan, expressed concern their respective clients’ rights to privacy had been breached by the fact their conversations were recorded without their knowledge.

While not formally objecting to the inspection application, both counsel raised issues about leaking to the media of other material connected to Mr Bailey’s case and said they were concerned to prevent any leaking of the material in the recordings or transcripts prior to that material being put before a jury at the hearing of Mr Bailey’s action.

In an affidavit on behalf of himself, Gda Byrne and Gda Coughlan, Det Fitzgerald said he was advised there were strong legal grounds on which they could resist the disclosure application, including the right to privacy.

However, they would not oppose inspection as they believed it was appropriate, in the interests of openness and fairness, that the recordings be provided to Mr Bailey and his lawyer should the court deem that appropriate.

They had serious concerns arising from the media reporting of proceedings involving Mr Bailey to date, Det Fitzgerald said.

Their difficulty was confidential documents had “alarmingly and quite improperly” appeared in the media. He himself had been contacted at home by journalists and was also referred to in the Dail by Deputy Clare Daly. All of this caused him and his family great stress.

He said his concern was if the documents were released to the media before Mr Bailey’s case opened, his good name would again be impugned before he had the opportunity to respond in a meaningful way.

Sophie Toscan du Plantier (Photo: PA)

Martin Giblin, for Mr Bailey, said he was not prepared to concede the four gardai had a right to privacy concerning the recordings.

He added leaking was not in his client’s interests and said publication of a range of material related to the 1996 investigation appeared to arise from that material having been put in the public domain via either the courts or the Dail.

Paul O’Higgins and Luan O Braonain for the Garda Commissioner and State, did not object to the inspection application.

Mr O’Higgins said his side was also anxious the material remain confidential prior to the trial and added some of the material was before the Fennelly Commission. There should be the “greatest possible protection” against the material appearing in the public domain unless the Commission or a court decided otherwise, he said.

Mr Justice Hedigan said order was subject to the solemn undertaking only those parties could inspect the material, details of which would not be divulged to any other party.

It was of the greater importance the jury hearing the case should not be contaminated by any pre-trial reporting of this material, he said.

The judge added he considered the media had adopted a very responsible attitude towards the reporting of Mr Bailey’s case and he was not condemning any party over alleged leaking.